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HomeMy WebLinkAboutMinutes 01/21/19922172 CITY COUNCIL MI~ETING Port Angeles, Washington January 21, 1992 CALL TO ORDER - Mayor Hallett called the special meeting of the Port Angeles City Council to order SPECIAL MEETING: at 6:32 p.m. ROLL CALL: Members Present: Mayor Hallett, Councilmen Braun, Nicholson, and Ostrowski, Councilwoman Sargent, and Councilmen Schueler and Wight. Members Absent: None. Staff Present: Manager Pomeranz, Attorney Knutson, Clerk Upton, S. Brodhun, B. Collins, L. Glenn, K. Godbey, J. Pittis, B. Titus, B. Myers, B. Coons, L. Emery. and T. Gossage. Public Present: J. Rumpeltes, J. Fairchild, K. McKeown, S. Kinyon, B. Loftus, D. Davison, M. Gentry, D. Kelly, G. Pettit, M. Hermann, B. Haselton, and L. Beil. ADJOURN TO Mayor Hallett adjourned the meeting to Executive Session at 6:33 p.m. for the EXECUTIVE SESSION: purpose of discussing real estate and litigation for approximately 20 to 25 minutes. RETURN TO OPEN The meeting returned to open session at 7:03 p.m. SESSION: CALL TO ORDER - The regular meeting of the Port Angeles City Council was called to order by Mayor REGULAR MEETING: Hallett at 7:09 p.m. PLEDGE OF Councilwoman Sargent introduced the Rainbow Trails Campfire Group of Leslie ALLEGIANCE: Diimmel and Minnie Deese, who led the Pledge of Allegiance to the Flag. Members present were: Erika Diimmel, Jenna Deese, Roxanna Momeni, Denise Johnson, Kelsey Morrison, Danica Roening, Para Gillian, and Sara Ray. APPROVAL OF Councilman Ostrowski moved to approve the minutes of the regular meeting of MINUTES: January 7, 1992, and the special meeting of January 8, 1992, as written. Councilman Schueler seconded the motion. Councilwoman Sargent referenced Page 8 of the January 7 minutes and asked that the word drainage be inserted before the word *situation~ in the sentence starting #Councilwoman Sargent suggested the Engineer examine the...*. On call for the question the motion to approve the minutes of the January 7th meeting as corrected and the minutes of the January 8th meeting carried unanimously. CEREMONIAL 1. Presentation of Awards of Appreciation to Joan Sargent, Mike Lemon, and MATTERS/ Jerry Cornell PROCLAMATIONS: Mayor Hallett presented a plaque to former Councilman Mike Lemon in appreciation City Council of his four years of service on the City Council. A similar plaque was to have been Appreciation Awards presented to former Councilman Jerry Comell who was unable to attend. Mayor Hallett then presented a plaque to former Mayor Sargent in recognition of her service as Mayor of Port Angeles for the past two years. Gift Project 2. Presentation of Port Angeles Community Parks Gift Project Catalog by Catalog Soroptimist International of Port Angeles Jet Set Cathy McKeown, Chairperson of the Soroptimist Jet Set Waterfront Trail Committee, presented the Community Parks Gift Project Catalog for which the Jet -1- 2173 CITY COUNCIL MEETING January 21, 1992 CEREMONIAL Set contributed $2,000. She thanked the City for keeping the Waterfront Trail a high MATTERS/ priority. Councilwoman Sargent pointed out that Jean Fairchild and Jewell VanOss, PROCLAMATIONS: present in the audience, are also members of the Jet Set who worked diligently on (Cont'd) this project. CITY COUNCIL Councilwoman Sargent reported on her attendance at a recent meeting of the 2020 COMMITTEE Vision Committee; she looks forward to positive results from the joint efforts of the REPORTS: City, County and Port. She also attended the mental health meeting and a committee has been formed to look into the possible use of The Lodge as a out-patient treatment center. The committee will also pursue a stable source of funding. Mayor Hallett reported on a meeting he and Councilwoman Sargent had attended with the County Commissioners, Congressman Norm Dicks, and several other elected officials. FINANCE: Progress Payment to Boone's Excavating, Inc., for $49,215.65 and retainage of $2,393. 76for watermain replacement project Progress Payment to Boone's Excavating Councilman Ostrowski moved to approve the progress payment to Boone's Excavating, Inc., in the amount of $49,215.65, plus the retainage of $2,393.76, for the watermain replacement project. Councilman Braun seconded the motion which carried unanimously. CONSENT AGENDA: Councilman Wight requested that the first three items on the Consent Agenda be addressed individually. There were no objections. 1. Request to proceed with bidding for Vern Burton Memorial Community Center enhancements Mayor Hallett reviewed the memorandum and recommendation from the Parks Department. Councilman Nicholson moved to authorize the architect to proceed with writing bid specifications and to solicit bids and, further, that the committee he formally recognized as presented, the members being Councilpersons Nichoison, Sargent and Hallett, Jeff Pomeranz, John Hicks, Scott Brodhun, Rob Linkletter, Sue Gunderson, Ciint Hulse, Len Beil, and Lindberg Architects he formally appointed to the Enhancement Committee. The motion was seconded by Councilwoman Sargent. Councilwoman Sargent indicated this proposal is within the City' s budget capabilities and will result in a facility capable of handling small conferences and conventions,' as well as maintaining the opportunities for the current community activities. Councilman Wight stressed the need to have the contract language enhance the subcontracting capabilities of local vendors in the City and County, within legal limits. Councilman Ostrowski asked for a review of the intended financing. Manager Pomeranz explained there is presently approximately $250,000 available, with the remaining $500,000 to be funded through a bond, which will be repaid out of income received from the hotel/motel taxes paid. He noted this method would assure the continuation of future City funding to organizations presently receiving hotel/motel tax funds. A vote was taken on the motion which carried unanimously. Bids for Fire 2. Request to call for bids for replacement of self-contained breathing Department Breathing apparatus for Fire Department Apparatus Mayor Hallett reviewed the memorandum from the Fire Department regarding the replacement of 16 sets of self-contained breathing apparatus. Councilwoman Sargent moved that approval he given to advertise for bidders to supply the self-contained breathing apparatus as per the City of Port Angeles specifications. Councilman Braun seconded the motion. Councilman Wight inquired as to how much money was budgeted for this expenditure to which Fire Chief Glenn responded $27,000. A vote was taken on the motion which carried unanimously. -2- 2174 CITY COUNCIL MEETING January 21, 1992 CONSENT AGENDA: 3. Set date to interview Joe Michalczik as industrial representative to Utility (Cont'd) Advisory Committee Interview Date for Mayor Hallett reviewed the information provided regarding the application of Joe Utility Advisory Michalczik for the industrial representative position to the Utility Advisory Committee Applicant Committee. In view of Mr. Michalczik's excellent qualifications, Councilwoman Sargent did not consider it necessary to interview Mr. Michalczik for the position. Accordingly, she moved to approve the appointment of Joe Michalczik as industrial representative to the Utility Advisory Committee. Councilman Ostrowski seconded the motion. Attorney Knutson pointed out the Council's Rules of Procedure provide a process for filling vacancies on boards and commissions, which says the Council will interview candidates in open session. He advised the Council that the Rules of Procodure could be amended to waive that rule. Therefore, Councilwoman Sargent withdrew her motion and Councilman Ostrowski withdrew his second. An interview was scheduled for Joe Michalczik as industrial representative to the Utility Advisory Committee, to take place on February 4, 1992, at approximately 6:50 p.m., immediately following the executive session. Attorney Knutson was asked to prepare a revision to the Rules of Procedure wherein the rule could be waived. Councilman Wight moved to approve the remaining items on the Consent Agenda, including: (4) Correspondence from Washington State Liquor Control Board; (5) Vouchers of $88,282.93; and (6) Payroll of January 5, 1992, for $284,779.92. Councilwoman Sargent seconded the motion. Councilwoman Sargent posed questions concerning the recycling ads currently running, how much longer they will nm and how long the grant money will be available. Public Works Director Pittis responded the grant and ads will run for a period of a year. The Recycling Committee has met on this issue, and the Public Information Officer has been consulted for some different copy on the ads. After further discussion, a vote was taken on the motion which carried unanimously. ITEMS FROM THE Manager Pomeranz requested that a discussion be held concerning Martin Luther AUDIENCE/COUNCIL/ King Day, to be heard under ~Other Considerations" as Item E.6. STAFF TO BE CONSIDERED OR Councilman Wight asked for a brief discussion regarding the proposed legislation on PLACED ON A the Elwha River Restoration Act. This was added as Item E.7. under "Other FUTURE AGENDA: Considerations'. LEGISLATION: A. Public Hearings Public Hearings 1. ZONING CODE AMENDMENT- ZCA-9 I (12)08 - CL~I JAM COUNTY, LI, Light Industrial District: Request for amendment to Zoning Ordinance No. Zoning Code Amendment 1709, as antended, which would allow public detention facilities to be Clallam County - permitted uses in the Light Industrial District. Ordinance No. 2671 Mayor Hallett reviewed the items received by the Council on this matter and opened the public hearing at 7:48 p.m Pete Peterson, Director of Juvenile Services for Clallam County, reviewed the present status of the juvenile detention facility on *M ~ Street, which averages seven young people per day, with an average stay of eight days each. The office staff works a standard 8 to 5 shift, Monday through Friday, but the facility operates 24 hours a day, 7 days a week. A school program is operated in coordination with the local School District. Counseling services are provided; and the youths are permitted outside the building in a secure area. The building would be concrete and steel, with double- and triple-pane windows in the secure facility - basically a jail. Noise would not be a problem in such a building, neither exterior nor interior. Councilman Ostrowski inquired as to where the new building would be located. Mr. Peterson responded the final site has not yet been determined, but it would most likely be near the present facility. Councilwoman Sargent pointed out there would be seven to eight young people, together with the necessary staff, sleeping on the premises every night. -3- 2175 CITY COUNCIL MEETING January 21, 1992 LEGISLATION: Mayor Hallett asked the County to comment on their request submitted to allow this (Cont'd) as a permitted use, with a subsequent Planning Commission recommendation of modifying it to a conditional use. Public Hearings Councilman Schueler asked when the building would be constructed. Mr. Peterson Zoning Code Amendment said the funds are presently available and the building will be constructed as soon as Clallam County - the property is finalized. Ordinance No. 2671 (Cont'd) Jim Rumpeltes, County Administrator, responded to the questions regarding a specific site by stating none had yet been selected. A juvenile detention center is not an attractive neighbor in most areas, with the most appropriate property being Light Industrial. The Public Building and Parks zoning covers mostly schools, parks, and a few public buildings. There are no available sites for a juvenile facility, other than Lincoln School, which was considered. The activities permitted in Light Industrial are very similar to the activities in the juvenile detention facility. Two-thirds of the activity at the facility is office-type - there will be a court room, reception area, etc. The Planning Commission recommendation was based on its pin-pointing specific sites. The sound issue raised at the Commission is different with the proposed facility, with its concrete construction and very thick walls. The present facility is practically free from external noise. He would prefer not to have it as a conditional use due to the financial investment possibly being closed down because of outside influences. Councilman Wight explained the different types of conditional uses - temporary, such as home occupations, and permanent, such as a duplex. Planning Director Collins said that was not necessarily true. It would be the County's responsibility to maintain the quietness of the facility during sleeping times. If unable to do that, they would be unable to meet the condition as recommended. The intention was to not limit nearby uses, either light industrial or airport, expanding adjacent to the facility. Mr. Rumpeltes explained the only sites within the City limits available for this type of use are in the Light Industrial District. The PBP Zone would be acceptable; however, the rezone process would take too much additional time, thereby delaying the project. Mayor Hallett closed the public hearing at 8:02 p.m. He referenced the letter submitted by the County Commissioner's Office on this matter, dated January 21st. Councilman Wight discussed the question ora conditional use with Planning Director Collins, addressing Mgeneric# noise. Director Collins said the request would make such a use either permitted or conditional throughout the LI District, anywhere in the City. The specific concern was the possibility of conflict between industrial and residential uses; although the present situation deals with a sleeping activity which occurs in the detention facility. A juvenile detention facility is a permitted use in the PBP Zone, and in most instances when a public facility is proposed, the property is rezoned. The choices available to the Council are to approve the detention facility as a permitted use, a conditional use, or deny the use altogether in the LI District. Councilman Wight proposed a scenario where the County obtained a conditional use permit to construct the detention facility. It would be incumbent upon the City to see to it that the proposed use would be allowed if it would not be adversely impacted by noise and other nuisances or hazards which may occur in the industrial areas. That would be a basis for consideration during determinations on the permit application. If the application was approved by Planning Commission, then the process would be complete. The County would be free to permanently build a facility which would not be subject to annual review or review on a three-year basis or review on a ten-year basis, or review on a 50-year basis. Director Collins said that was partially correct. What would happen is, if the noise in the surrounding area caused the average daily noise to exceed the 45 decibels for interior sleeping quarters, then at that point the responsibility for correcting the noise problem would fall on the County, not on the adjacent uses. As long as the County could maintain that interior sleeping decibel level, then they would be able to continue to use their conditional use permit. Mayor Hallett proposed that, if the site chosen was next to a light industrial area and the County chose to request a rezone to PBP, how does the noise measurement apply to the sleeping quarters inside the PBP District? Director Collins said it would not apply, since it would not be a land-use conflict. They might have a noise problem, but it would not be created by competing land uses. There would be no conditions on the use in the case of a rezone to PBP. Councilman Nicholson asked if the proposed ordinance was for a temporary -4- 2176 CITY COUNCIL MEETING January 21, 1992 LEGISLATION: conditional use for the duration of one year. Director Collins considered this a third (Cont'd) type of conditional use which is allowed as long as the conditions are met. It is a permanent use, but the conditions have to be met. There would be no time limit on Public Hearings such a conditional use. Zoning Code Amendment Councilman Wight moved to approve Zoning Code Amendment ZCA-91(12)08 Clallam County - to allow public detention facilities to be allowed in the Light Industrial District Ordinance No. 2671 as conditional uses, citing the following findings and conclusions: FINDINGS: (Cont'd) (1) The stated purpose of the Light Industrial Zone District is to "preserve land for industrial uses in a planned, park-like setting, in close proximity to airports and highways"; (2) The bulk of LI-zoned land is located around the Airport, with smaller clusters of LI-zoned land located at Boulevard and "C" Streets, in the vicinity of Tumwater and Valley Streets, and the Downtown Waterfront; (3) The proposed use will be allowed only if it would not be adversely impacted by noise and other nuisances or hazards which may be likely to occur in the Light Industrial area; CONCLUSIONS: (A) The potential for land use conflict is minimized by the limitations placed on the conditional use; (B) The Zoning Code Amendment is in the public use and interest; (C) The amendment is consistent with the Goals and Policies of the Comprehensive Plan; (D) The amendment is consistent with the intent of the LI Zoning District; (E) Residential uses are not normally considered to be compatible with industrial uses. Councilman Nichoison seconded the motion. Director Collins asked if the noise conditions contained in the proposed Code amendment were to be included. After reviewing the conditions, Councilman Wight elected not to include them in the motion. Director Collins pointed out that, with the conditions, it would be the responsibility of the residential-type use to ensure the noise levels were not exceeded and the adjacent industrial use would have no such responsibility. Councilman Wight revised the motion, to add the following conditions: CONDITIONS: (1) The average daily noise levels (ldn) do not exceed 45 decibels for interior sleeping quarters, or such other standard as is generally accepted; and (2) the existing and potential industrial uses will not adversely impact the detention center. Councilman Nicholson accepted the revision. On call for the question, the amended motion carried unanimously. Mayor Hallett then read the Ordinance by tire, entitled ORDINANCE NO. 2671 AN ORDINANCE of the City of Port Angeles adding a conditional use to the Light Industrial District, and amending Section 17.32.040 of the Port Angeles Municipal Code. Councilwoman Sargent moved to adopt the Ordinance as read by title. Councilman Wight seconded it, on the condition that the change in wording of the conditions appear in the Ordinance. On call for the question, the motion carried unanimously. Rezone Request - Olympic 2. REZONE REQUEST- REZ-92(OI)OI - OLYMPIC MEMORIAL HOSPITAL, Memorial Hospital 1029 Caroline Street: Request to rezone property from RS-7, Residential Ordinance No. 2672 Single-Family, to PBP, Public BuiMings and Parks. Mayor Hallett opened the public hearing at 8:35 p.m. and invited comments from the public. Donna Davison, representing Olympic Memorial Hospital, 939 Caroline Street, explained some of the concerns raised relating to parking and a comprehensive review of the area. On the parking issue, this proposal would require five spaces, based on the square-footage of the building. There are currently two paved spaces in the driveway and space available on the west side of the house for three additional spaces. With regard to the question of insufficient parking spaces for the present construction activity, the six spaces supposedly missing are available but not marked as such at this time, as they comprise the present ambulance area, which will be moved to the front of the building when the emergency room is relocated at the conclusion of the construction. There are two off-site lots, one 115 feet away with 27 spaces, another 120 feet away with 21 spaces, making an additional 48 spaces, but they cannot be counted because they are more than 100 feet away from the -5- r -T 2177 CITY COUNCIL MEETING .~. ~, ~. January 21, 1992 LEGISLATION: Hospital. With regard to a comprehensive review, the Hospital District has been (Cont'd) working on a long-range plan for a number of years. The Hospital District has the power to condemn, but would prefer not to exercise that power. As properties Rezone Request - Olympic become available, the Hospital will continue to acquire them. The existing site is Memorial Hospital immediately adjacent to the Hospital property and, therefore, conforms with the Ordinance No. 2672 Comprehensive Plan. In order to have PBP Zoning, the land must be publicly (Cont'd) owned; therefore, a comprehensive review of the area would not result in finding other properties available for such zoning. The existing house on the property is not suitable for children, due to its proximity to the steep bluff. The Hospital intends to use the structure to expand the kidney dialysis center. This is an out-patient service where those requiring dialysis come as often as three times a week for treatments lasting up to six hours each. The local Hospital District is competing with the Seattle area to obtain approval for three additional dialysis chairs. The kidney center has experienced a 15 % growth annually since 1988. Debby Kelly, Nursing Manager of the Kidney Center, 939 Caroline Street, addressed the importance of having this type of treatment available on the Peninsula. In order to go to the State for three additional dialysis stations, the facilities to house them must be available. In addition, it can be extremely difficult for patients to travel long distances for such frequent treatments. Councilwoman Sargent commented that she was surprised the expansion of the kidney center was not included in the general Hospital expansion project. Ms. Kelly said the planning for the present expansion was done before the Kidney Center was established. Out-patient dialysis does not require hospital stay and actually results in a lower cost to the patient as well as the health care delivery system. Within the last year, the Kidney Center came to the conclusion a larger facility would be required. This was long after the plans for the present expansion project were completed. Councilman Ostrowski asked what the procedure covered and how long it took. Ms. Kelly responded, with the three chairs they presently have, the first patient goes into a chair about 8 a.m., with the other two following in separate chairs about every 15 to 20 minutes. Depending on how long the patient is to have the dialysis, the next patient for the first chair would be accommodated about 1 p.m. They plan for three shifts of patients. The maximum number of patients who can receive treatment in any one day with the present three chairs is nine. As of this week, the patient load exceeds that number. Councilman Schueler asked if there were plans to demolish the building. Ms. Davison said interior remodeling would be done. The only change to the exterior would be to allow for handicap access. Councilman Wight asked why the PBP Zoning had been requested, rather than Ot2. Ms. Davison replied that the PBP Zone covers publicly owned land, and since the Hospital District owns this property, it complies. The requested rezone is an extension of what is immediately adjacent to the subject property. Sallie Fosum, 3204 Regent Street, is a dialysis patient. When she initially had to have dialysis, it was necessary to go to Seattle three times a week. She is now an out-patient at the Kidney Center and spoke very highly of the staff. The present location of the dialysis area, being on the second floor, can be rather difficult to reach, because it entails either walking up a flight of stairs, or walking a considerable distance to the elevator and then walking back the same direction on the second floor to reach the Center. Also, the extra chairs will eliminate the need for late night treatments. Shirley Kinyon, 633 Georgiana, is one of seven volunteers at the Kidney Center. They all enjoy the work there and all agree that more space is a necessity. The rezone will allow for more comfort for the patients and more efficient space for the nursing staff to use. Jack McCarter, 1035 Columbia Street, indicated his house is the only other structure in that block. He urged the Council to approve the rezone so the Kidney Center can move in next door. He sees the facility as a good neighbor and a valuable service to the people. There being no further public comment, Mayor Hallett closed the public hearing at 8:56 p.m. Councilman Nicholson commented that this was the first rezone in his memory that did not have opposition. However, the Council should consider the points raised by the Planning Department relating to the need for a comprehensive review of the -6- 2178 CITY COUNCIL MEETING January 21, 1992 LEGISLATION: entire area. (Cont'd) Councilman Nicholson moved to approve rezone request REZ-92(01)01, and to Rezone Request - Olympic adopt the Ordinance, citing the following findings and conclusions: FINDINGS: Memorial Hospital (1) The proposal is to rezone the site from RS-7 to PBP to allow expansion of the Ordinance No. 2672 Hospital to site a new Kidney Center; (2) Public testimony demonstrated a need for (Cont'd) the service. Demand for the service has increased annually by 15%; (3) Social Policies Nos. 2 and 4 of the Port Angeles Comprehensive Plan state the need for providing services for members of the community as the community and the demand for services increase; (4) Comprehensive Plan Commercial Policy No. 16 states that %pecialized and City-wide oriented medical and dental operations should be as functionally near the Hospital as possible"; (5) The proposed rezone is adjacent to the existing Hospital; (6) The property is owned by a public entity; (7) The State of Washington allocates dialysis stations on a limited basis. Testimony has indicated that the Hospital could lose their allocation for these new stations; CONCLUSIONS: (A) The rezone is in the public interest. It would serve the increasing demand for health care facilities in the area; (B) The proposal is consistent with the Comprehensive Plan Goals, Policies, and Objectives, specifically Commercial Policies Nos. 2, 6, and 16, Social Policies Nos. 2 and 4, and Land Use Objectives Nos. 1 and 2; (C) There has been a change in circumstances. The community served by the Hospital has grown and demand for kidney treatment is increasing by 15 % per year. Councilman Braun seconded the morion. Brief discussion followed concerning the off-site parking and the six additional spaces still needed as required under the expansion construction. A vote was taken on the morion which carried unanimously. Mayor Hallett then read the Ordinance by title, entitled: ORDINANCE NO. 2672 AN ORDINANCE of the City of Port Angeles rezoning property located on the north side of Columbia Street, west of Chambers Street, from RS-7, Single-Family Residential, to PBP, Public Building and Parks. Councilwoman Sargent moved to adopt the Ordinance as read by rifle. Councilman Nicholson seconded the morion, which carried unanimously. Break Mayor Hallett recessed the meeting for a break at 9:05 p.m. The meeting reconvened at 9:20 p.m. B. Ordinances Not Requiring Public Hearings None Resolutions Not C. Resolutions Not Requiring Public Hearings Requiring Public Hearings 1. Consideration of a resolution setting a public hearing for February 18, 1992, for consideration of a vacation of City right-of-way located between Street Vacation Request 7th/8th Streets and Peabody/Chase Streets Portion of 7/8 Alley between Peabody and Mayor Hallett reviewed the memo from the Planning Department and read the Chase Streets - Resolution by title, entitled Resolution No. 2-92 RESOLUTION NO. 2-92 A RESOLUTION of the City of Port Angeles setting a hearing date for a petition to vacate a portion of the 7/8 alley west of Peabody Street abutting Lots 1 through 5 and 14 through 18 in Block 229, TPA. Councilman Ostrowski moved to pass the Resolution as read by rifle, setting the hearing for February 18th and forwarding the request to the Planning Commission for a recommendation at its February 12th meeting. Councilwoman -7- 2179 CITY COUNCIL MEETING January 21, 1992 LEGISLATION: Sargent seconded the motion, which carried unanimously. (Cont'd) Street Vacation Request 2. Consideration of a resolution setting a public hearing for February 18, Portion of Vine Street 1992, for consideration of a vacation of Vine Street south of I2th Street South of Lauridsen Blvd. - Resolution No. 3-92 Mayor Hallett reviewed the memo from the Planning Department and read the Resolution by title, entitled RESOLUTION NO. 3-92 A RESOLUTION of the City of Port Angeles setting a hearing date for a petition to vacate that portion of Vine Street -- abutting Lot 1, Block 21, PSCC 2nd. Councilman Ostrowski moved to pass the Resolution as read by rifle, setting the hearing for February 18th and forwarding the request to the Planning Commission for a recommendation at its February 12th meeting. Councilwoman Sargent seconded the motion, which carried unanimously. Planning D. Planning Commission Minutes/Action Items Commission Minutes/Action 1. Planning Commission Minutes, regular meeting of January 8, 1992 Items SHORELINE MANAGEMENT PERMIT- SMA-92(O1) 125 - ITT RAYONIER, Shoreline Management 700 North Ennis Street: Request for a permit to allow the remediation of Permit - ITT Rayonier contaminated soils from an area within the Mill site located near Ennis Creek Councilwoman Sargent moved to concur with the Planning Commission recommendation, subject to the following condirious, and citing the following findings and conclusions: CONDITIONS: (A) Upon discovery of evidence of possible archaeological significance, the applicant shall notify the Planning Department and shall retain a qualified archaeologist to monitor the excavation work; (B) No portion of the Creek channel between the top of the rip rap on the west to the top of the eastern bank shall be disturbed in any manner, except for the continued maintenance of the existing oil absorbent booms; FINDINGS: (1) The approval is for removal of hydraulic oil from ground and surface water under and near the finishing room; (2) All physical alterations to the site will occur west of the west bank rock rip rap. Improvements include installation of 200 feet of 16' high sheet piling parallel to Ennis Creek, a 3-foot wide trench west of the sheet piling, several extraction sumps, monitoring and collection wells, and a 500-gallon collection tank; (3) Sheet piling will be installed using equipment situated on an asphalt pad on the east side of Enms Creek; (4) The Mill is on the site of the original Puget Sound Cooperative Colony and Klallam Village, which is located on the Washington State Register of Historic Places; (5) The Port Angeles Shoreline Master Program, Comprehensive Plan, and Zoning Ordinance, have been reviewed with respect to this proposal; (6) The applicant has applied for a hydraulics permit from the Department of Fisheries; (7) The application was submitted on November 22, 1991, which was prior to the effective dates of the City's Critical Areas Protection ordinances. The proposed project is located within close proximity to Ennis Creek and is an environmentally sensitive area; CONCLUSIONS: (A) As conditioned, the proposal is consistent with the Port Angeles Shoreline Master Program, specifically General Regulations C.1 and C.4; Land Use Element D.6; Natural System Element E.7.b, E. 10.a and d; and Use Activity F.18.a-c; (B) As conditioned, the proposal is consistent with the policies and regulations of the Port Angeles Comprehensive Plan and Zoning Code; (C) As conditioned, the proposal will not be detrimental to the shoreline. Councilman Nichoison seconded the motion. On call for the question, the motion carried unanimously. Councilman Braun moved to accept and place on file the minutes of the regular meeting of the Planning Commission of January 8, 1992. Councilman Ostrowski seconded the motion, which carried unanimously. 2. Planning Commission Minutes, Special Meeting of January 15, 1992 Councilwoman Sargent moved to accept and place on file the minutes of the spedal meeting of the Planning Commission of January 15, 1992. Councilman Wight seconded the motion. -8- 2180 CITY COLrNCIL MEETING January 21, 1992 LEGISLATION: Councilman Wight noted that staff, the Planning Commission, and a number of (Cont'd) interested parties have been spending a considerable amount of time on the proposed Clearing and Grading Ordinance. He has encouraged this legislation for some time, Shoreline Management but would rather see it done correctly than in haste. Permit - ITl' Rayonier (Cont'd) On call for the question, the motion carried unanimously. City Council E. Other Considerations Committee Assignments 1. City Council Committee Assignments In considering the various committee assignments to be made, Councilman Wight moved to disband the Audit Committee until such time as a need arises, at which time an ad hoe committee can be appointed. Councilman Ostrowski seconded the motion, which carried unanimously. The following assignments were then made: Citizens' Recycling Committee: Councilmen Nicholson and Schueler. Disability Board: Mayor Hallett. Firemen's Pension: Mayor Hallett. Public Information Committee: Councilmen Nicholson and Schueler. Real Estate Committee: Councilmen Braun, Ostrowski, and Wight. Revolving Loan Fund Review Board: Councilwoman Sargent. Utility Advisory Committee: Mayor Hallett and Councilmen Wight and Braun; Councilman Schueler will serve as the alternate. Information Systems Steering Committee: Mayor Hallett and Councilmen Schueler and Wight. Vern Burton Memorial Community Center Enhancement Committee: Assignments remain the same with Mayor Hallett, Councilman Nicholson, and Councilwoman Sargent. Senior Center Building Design Committee: Councilwoman Sargent, Councilmen Ostrowski and Councilman Schueler. Councilman Nicholson will serve as the alternate. Employee Suggestion Program Committee: Councilman Nicholson Eiwha Dam Legislation Committee: Mayor Hallett, Councilwoman Sargent and Councilman Wight. Museum Board: Councilman Braun. Human Services Coordinating Council: Councilman Nicholson. Public Health Advisory Board: Councilman Schueler. Forest & Mineral Resource Land Task Force: Councilman Ostrowski. Chamber of Commerce Liaison: Councilman Wight. Clallam/Jefferson Community Action Council: Councilman Nicholson. Clallam Transit Board: Councilmen Nicholson and Ostrowski. Councilman Wight will serve as the alternate. Economic Development Council: Councilwoman Sargent. Councilman Nicholson will serve as the alternate. G. M. Lauridsen Trust: Councilwoman Sargent. North Olympic Peninsula Visitors & Convention Bureau: Councilman Schueler. Councilman Nicholson will serve as the alternate. Peninsula Development Association: Mayor Hallett Growth Management Committee: Councilwoman Sargent. Mayor Hallett will serve as the alternate. Timber Task Force: Councilman Ostrowski. Peninsula Regional Transportation Planning: Councilman Ostrowski. Olympic Air Pollution Control Authority: Councilman Ostrowski. 2020 Vision Committee: Mayor Hallett, Councilwoman Sargent and Councilman Wight, with Councilman Nicholson as the alternate. Journeyman Lineman 2. Request to establish State-certified Journeyman Lineman Apprenticeship Apprenticeship Program Program Councilman Braun moved to authorize the establishment of a Journeyman Lineman Apprenticeship Program. Councilman Schueler seconded the motion. Councilman Wight urged that every effort be made to publicize the program through the School District and in any other ways to be certain the program is known to exist. Following discussion, on call for the question, the motion carried unanimously. -9- 2181 CITY COUNCIL MEETING ~ · .' ,' ,~ January 21, 1992 LEGISLATION: 3. Request to establish City Light financed Conservation programs (Cont'd) Mayor Hallett reviewed the memo from the Light Department Director. City Light Financed Councilwoman Sargent moved to concur with the recommendation and establish Conservation Programs City Light-financed conservation programs. Councilman Braun seconded the motion, which carried unanimously. Energy Audit Agreement 4. Request to authorize City Light Director to sign modified energy audit with ITT Rayonier agreement with ITT Mayor Hallett reviewed the memo from the Light Department Director. Councilman Braun moved to authorize the City Light Director to sign the modified energy audit agreement with ITT. Councilman Wight seconded the motion, which carried unanimously. Set Special Meeting 5. Request to establish special Council meeting to review risk management to Review Risk audit Management Audit Mayor Hallett reviewed the request to set a special Council meeting to review the risk management audit. It was agreed to meet on Tuesday, February 11, 1992, at 4:30 p.m. Martin Luther King Day 6. Martin Luther King Day Consideration was given to the matter of recognizing Martin Luther King Day as a City holiday. Manager Pomeranz indicated this is a matter to be negotiated with the labor unions, and he suggested that, in 1993, employees work but that City Hall remain closed to the public. Should employees wish to take the day off, they would be encouraged to use one of their floating holidays. Thereafter, the matter can be one of negotiation. The Council was in agreement. Mayor Hallett asked that Manager Pomeranz conduct some research as to how other municipalities have made this transition. Elwha Dam Removal 7. Elwha Dam Removal Councilman Wight reviewed the City's position on the matter of the proposed Elwha Dam Removal which, thus far, has neither been for nor against any legislation which would modify or remove the dams. The City has felt the responsibility to protect the needs of the citizens, as well as the economic viability of the area and the water supply. He expressed the opinion that this position is proper. Councilman Wight supported the changes in the proposed legislation as offered by all concerned; however, he felt there was a need for expansion within the realm of the cover letter to accompany the proposed changes. There should be expressions of suspicion or paranoia about the ability of the Federal Government to make multi- year commitments to cover expenses to ameliorate the problems that dam removal could cause the City of Port Angeles. There have been no expressed guarantees by the Government that multi-year funding for the construction and operation of water filtration systems are sacrosanct; there are no guarantees that the Office of Management and Budget is Non-board' in support of this legislation. There is nothing in the legislation which addresses bonding and long-term commitments which are mechanisms which the Federal Government could use to make the City more - comfortable with what is going on here. The City needs to make a thoughtful statement about concerns on these specific issues. Further, Senator Adams and staff indicated the legislation will provide the industrial customer with what amounts to subsidized electrical power off the BPA grid. The City operates the utility which would distribute or launder that power; we need to know more about how this will work. Is there a four-year commitment? It is scarce on detail and is a question which needs to be asked of the people drafting the legislation. Councilwoman Sargent suggested wording that, unless a long-term financial commitment is made by Congress, the City could not support the removal of the dams. She reported on a breakfast meeting she and Mayor Hallett attended with Congressman Dicks who demonstrated a somewhat different perspective concerning the legislation. Congressman Dicks serves on the Appropriations Committee and is looking at the issue of where the money will come from and what programs will be cut in order to fund the legislation. -10- 2182 CITY COUNCIL MEETING January 21, 1992 LEGISLATION: 8. Set Rear Estate Committee Meeting (Cont'd) Mayor Hallett referencod several items which should be reviewed by the Real Estate Real Estate Committee Committee. A meeting of the Committee was set for Monday, February 3, 1992 at Meeting 4:00 p.m. Mayor Hallett referred to an announcement of a meeting of the Clallam County Economic Development Council on Friday, January 24th, at 6:30 at Peninsula College to meet the new board members. Councilwoman Sargent said she would be attending. Councilwoman Sargent suggested drafting a letter setting forth the Council' s concerns on the Elwha Dam situation. This will be prepared for signature by each Councilmember. Councilman Braun suggested a letter to the Fire Department showing support for the work Chief Glenn is doing regarding polyurethane foam. Chief Glenn reported on a recent meeting in Olympia. The proposed bill is in now in the House Rules Committee, the first big step. The major opposition is the American Furniture Manufacturing Association. Councilman Braun moved to send a letter of support to the Fire Department supporting its stand on polyurethane foam. Councilwoman Sargent seconded the motion, which passed unanimously. Councilwoman Sargent is concerned about the lack of a monthly report from the Police Department, and suggested a quarterly report might be more convenient. Assistant Police Chief Myers said the problem is in the change of software. The reports will be forthcoming. ADJOURNMENT: The meeting adjourned at 10:33 p.m. C)erk q 4.~ - Ma~yor~v- ,._. {~ -11-